97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1157

 

Introduced 02/08/11, by Rep. Mike Bost

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Program Abolition for Nonappropriation of Funds Act. Requires the Office of the Comptroller to compile lists of programs created by laws containing language making the programs subject to appropriation. Requires the State officer or agency responsible for administering each such program to submit a report to the Comptroller stating whether any funds have been appropriated for the program during certain time periods. Requires the Comptroller to compile lists of such programs for which no funds have been appropriated during certain time periods. Provides that the lists shall be filed with the Index Department of the Secretary of State and published in the Illinois Register. Provides that each program on a list filed with the Index Department of the Secretary of State is abolished, funds may not be expended for any such program after the date of publication, and the Comptroller shall notify the State officer or agency that is statutorily responsible for administering an abolished program that the program has been abolished. Provides for adoption of rules. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Program Abolition for Nonappropriation of Funds Act.
 
6    Section 5. Definition. In this Act, "Comptroller" means the
7Office of the Comptroller.
 
8    Section 10. Initial list of programs; reports.
9    (a) Not later than 120 days after the effective date of
10this Act, the Comptroller shall:
11        (1) compile a complete list of programs that meet all
12    of the following criteria:
13            (A) the program was created by law before the
14        effective date of this Act;
15            (B) the law creating the program contains language
16        making the program subject to appropriation; and
17            (C) on the effective date of this Act, the law
18        creating the program was in effect for at least 4
19        fiscal years;
20        (2) determine the State officer or agency that is
21    statutorily responsible for administering each such
22    program; and

 

 

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1        (3) deliver a notice to the State officer or agency
2    responsible for administering each such program requiring
3    the State officer or agency to submit a report to the
4    Comptroller as provided in subsection (b).
5    (b) Not later than 60 days after receiving a notice from
6the Comptroller in accordance with subdivision (a)(3), the
7State officer or agency shall submit a report to the
8Comptroller stating whether any funds have been appropriated
9for the program referenced in the notice in any of the 4
10immediately preceding fiscal years. The State officer or agency
11shall include appropriate supporting documentation in its
12report.
13    (c) If the Comptroller identifies a law that creates a
14program and contains language making the program subject to
15appropriation but the Comptroller is unable to identify a State
16officer or agency that is statutorily responsible for
17administering that program or the Comptroller determines that
18the State officer or agency that is statutorily responsible for
19administering that program is no longer in existence and there
20is no successor agency, the Comptroller shall determine, not
21later than 180 days after the effective date of this Act,
22whether any funds have been appropriated for the program in any
23of the 4 immediately preceding fiscal years. If the Comptroller
24requests assistance from any other State officer or agency in
25making such a determination, that assistance shall be promptly
26provided.

 

 

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1    (d) If a State officer or agency fails to report to the
2Comptroller with respect to a program as required in subsection
3(b) or files a report that is incorrect or incomplete, the
4Comptroller shall deliver a notice to the Office of the
5Governor (in the case of an executive branch program), the
6General Assembly (in the case of a legislative branch program),
7or the Supreme Court (in the case of a judicial branch program)
8setting forth the failure to report or the incorrect or
9incomplete report with respect to the program. Upon receiving
10such a notice, the Office of the Governor (in the case of an
11executive branch program), the General Assembly (in the case of
12a legislative branch program), or the Supreme Court (in the
13case of a judicial branch program) shall assign personnel to
14submit, not later than 60 days after receiving a notice from
15the Comptroller in accordance with this subsection (d), a
16report to the Comptroller with respect to the program that
17contains the information required under subsection (b).
 
18    Section 15. Annual lists of programs; reports.
19    (a) Beginning one year after the effective date of this
20Act, the Comptroller shall, on an annual basis:
21        (1) compile a complete list of programs that meet all
22    of the following criteria:
23            (A) either (i) the program was created by law
24        before the effective date of this Act and the law
25        creating the program has been in effect for at least 4

 

 

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1        fiscal years or (ii) the program was created by law on
2        or after the effective date of this Act and the law
3        creating the program has been in effect for at least 2
4        fiscal years;
5            (B) the law creating the program contains language
6        making the program subject to appropriation; and
7            (C) the program has not previously been included in
8        a list compiled by the Comptroller under this Section
9        or Section 10;
10        (2) determine the State officer or agency that is
11    statutorily responsible for administering each such
12    program; and
13        (3) deliver a notice to the State officer or agency
14    responsible for administering each such program requiring
15    the State officer or agency to submit a report to the
16    Comptroller as provided in subsection (b).
17    (b) Not later than 60 days after receiving a notice from
18the Comptroller in accordance with subdivision (a)(3), the
19State officer or agency shall submit a report to the
20Comptroller stating whether any funds have been appropriated
21for the program referenced in the notice in any of the 4
22immediately preceding fiscal years (in the case of programs
23under subdivision (a)(1)(A)(i)) or in either of the 2
24immediately preceding fiscal years (in the case of programs
25under subdivision (a)(1)(A)(ii)). The State officer or agency
26shall include appropriate supporting documentation in its

 

 

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1report.
2    (c) If the Comptroller identifies a law that creates a
3program and contains language making the program subject to
4appropriation but the Comptroller is unable to identify a State
5officer or agency that is statutorily responsible for
6administering that program or the Comptroller determines that
7the State officer or agency that is statutorily responsible for
8administering that program is no longer in existence and there
9is no successor agency, the Comptroller shall determine, not
10later than 180 days after the effective date of this Act,
11whether any funds have been appropriated for the program in any
12of the 4 immediately preceding fiscal years (in the case of
13programs under subdivision (a)(1)(A)(i)) or in either of the 2
14immediately preceding fiscal years (in the case of programs
15under subdivision (a)(1)(A)(ii)). If the Comptroller requests
16assistance from any other State officer or agency in making
17such a determination, that assistance shall be promptly
18provided.
19    (d) If a State officer or agency fails to report to the
20Comptroller with respect to a program as required in subsection
21(b) or files a report that is incorrect or incomplete, the
22Comptroller shall deliver a notice to the Office of the
23Governor (in the case of an executive branch program), the
24General Assembly (in the case of a legislative branch program),
25or the Supreme Court (in the case of a judicial branch program)
26setting forth the failure to report or the incorrect or

 

 

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1incomplete report with respect to the program. Upon receiving
2such a notice, the Office of the Governor (in the case of an
3executive branch program), the General Assembly (in the case of
4a legislative branch program), or the Supreme Court (in the
5case of a judicial branch program) shall assign personnel to
6submit, not later than 60 days after receiving a notice from
7the Comptroller in accordance with this subsection (d), a
8report to the Comptroller with respect to the program that
9contains the information required under subsection (b).
 
10    Section 20. Abolition of programs. Upon completion of its
11duties under Section 10 or upon completion of its duties under
12Section 15 for a particular year, the Comptroller shall compile
13a list of programs for which no funds have been appropriated in
14any of the 4 immediately preceding fiscal years (in the case of
15programs subject to Section 10 or subject to subdivision
16(a)(1)(A)(i) of Section 15) or in either of the 2 immediately
17preceding fiscal years (in the case of programs subject to
18subdivision (a)(1)(A)(ii) of Section 15). The list shall be
19filed with the Index Department of the Secretary of State and
20published in the Illinois Register. Each program on a list
21compiled by the Comptroller under this Section is abolished on
22the date the list is filed with the Index Department, and no
23State funds may be expended for a program on the list after the
24date the list is filed with the Index Department. The
25Comptroller shall also notify the State officer or agency that

 

 

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1is statutorily responsible for administering an abolished
2program that the program has been abolished.
 
3    Section 25. Rules. the Comptroller may adopt rules for the
4administration of this Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.